Recent government proposals indicate an intention to make changes to the holiday pay regime including bringing back rolled up holiday pay.
Rolled up holiday pay is the name given to the arrangement whereby an
individual receives an element of holiday pay with every payment they receive
for work performed, rather than receiving payment at the point holiday is taken
by the worker. This is common in short term, ad hoc and casual arrangements,
including where individuals work through recruitment companies and umbrellas.
However, its use has always been somewhat of a grey area because, although
being judged to be impermissible under the current holiday rules, employers
could, in certain circumstances, set off rolled up payments against statutory
Details of precisely how this will now be
addressed in UK law, the conditions that will be required, and when this will
apply from, have yet to be released. However, the current consultation covering
the general principle suggests that the changes may follow existing caselaw. This
requires that, if payment on this basis is to be allowed, it should be dealt
with in a genuine, transparent, and comprehensible manner in relevant
documentation including the contract and pay slips. It is therefore essential
if considering rolled up holiday pay as an option, that all appropriate steps
are taken to achieve this standard.
For more information on holiday pay, including rolled up holiday pay and current proposals, join us for our Live webinar on Thursday 22nd June at 11am.
If you are unable to make the live webinar, a recording of the session will be available shortly after.
We have a whole series of webinars available surrounding the important and complex compliance areas within the recruitment industry. These have been broken down into comprehensive and informative sessions which also look at key areas of risk, the dos and the don’ts in each case, with a view to helping you secure your balance sheet.
Don’t just get by, get ahead!
Theresa Mimnagh, Director, Lawspeed
Lawspeed group corporate clients benefit from immediate up to date advice on staff engagement and related regulation; employment status; client, IR35, PAYE and umbrella contract templates; contract review/negotiation; self-employment and CIS contract templates; trade membership and government representation; accreditation services and a state of the art digital contract management platform.
Theresa Mimnagh, Director LLB qualified as a solicitor* in February 2004 and previously worked in private practice as an employment lawyer. She joined Lawspeed in 2005 and leads Lawspeed’s client support and audit team.
Her specialisations are in employment law, recruitment law, employment status, IR35 and agency tax, data protection (GDPR), and employment contracts and policies. She leads our team of IR35 lawyers and is responsible for updating our contracts under our contract maintenance scheme. She also heads the employment law team and excels in supporting clients in employment related disputes.
Theresa also is our lead in training on key areas relevant to employment business, including IR35 and recruitment process, and was responsible for delivery of our 2019 programme of IR35 masterclasses and 2023 webinar series.